Law: Criminal Procedure Code (V of 1898)

Section: 200,202,203,338,423,426,427,428,429,435, 439,439(3)(6),561A

Criminal Procedure Code (V of 1898)--- ----Ss. 200, 203, 435 & 439---Private complaint, dismissal of---Revision against order of Judicial Magistrate---Maintainability---Procedure---Held, order having been passed under S.203, Cr.P.C., whereby direct complaint had been dismissed by the Judicial Magistrate without framing a charge and trial, it could not be treated as acquittal of the accused/respondents---Order under S.203 Cr.P.C, being an order passed by a court inferior to the Court of Session, the propriety demanded that the same should first be examined by the Sessions Judge for the purpose of satisfying itself to the correctness, legality or propriety of the said order passed by the Magistrate who was covered by the explanation given at the bottom of S.435, Cr.P.C.---Revision before the High Court being without exhausting the remedy available to the applicant was not maintainable---Matter was sent to the Sessions Judge for a just and fair decision on the grievance of the applicant---Revision application was thus disposed of accordingly. THIS JUDGMENT DELIVERED BY: NAZAR AKBAR, J.- Applicant has preferred this Criminal Revision Application against the order dated 10.10.2017 whereby learned XXII-Judicial Magistrate, South Karachi under Section 203 of the Cr.P.C has been pleased to dismiss Criminal Case No.NIL/2017 filed by the applicant/complainant under Section 200 of the Cr.P.C. 2. To be very precise, the facts of the case are that the applicant/complainant filed Criminal Complaint under Section 200 of the Cr,P.C against respondents Nos.1 and 2 stating therein that the accused Nos.1 and 2 with their common intention issued threats of kidnaping, murder and extracting money from applicant/complainant during the period between 2012 to 2015 for which applicant/complainant has registered an FIR No.488/2015 at P.S Clifton, Karachi. The police recommended to dispose of said FIR in "A" class on the ground that phone in which intimidating massages and calls were allegedly received was not produced by the applicant/complainant for FSL analysis from expert. CDR of phone of accused/respondent No.1 was obtained by the police in which his contact with complainant was…

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